Recently, there have been increasing instances of numerous violations by police and prosecution officials who use their own discretion, temporary positions, and physical force in their activities within government agencies. Representatives of the law enforcement agencies in Ukraine do not recognize the Constitution of Ukraine and the relevant legislative acts.
"Through pressure and illegal persecution, police and prosecution officials use groundless accusations, searches, property seizures, and announcements of individuals in search who are not in hiding," - says lawyer Larysa Kryvoruchko.
Very often, the actions of police and prosecution officials are not always lawful and therefore contain elements of a criminal offense under Articles 365 and 367 of the Criminal Code of Ukraine.
Intentional actions by a law enforcement officer that clearly exceed the limits of the powers or authority granted to them, if they have caused significant harm to the protected rights and interests of individual citizens, are exceeding official powers and a criminal offense under Article 365 of the Criminal Code of Ukraine.
Since August 2021, the Vinnytsia police and prosecution have falsified three criminal cases against journalist Serhii Viktorovych Medianyk, who carries out independent professional activities.
The activities of journalists are protected by criminal law, and there is a ban on interfering with the work of media personnel.
Against journalist Serhii Medianyk, the police of Vinnytsia Oblast used unlawful physical force, made illegal arrests, and the prosecutor's office unjustly put him on a wanted list.
However, journalist Serhii Medianyk continues to work in the field of independent journalism: with inconvenient questions for the Vinnytsia regional government, documenting police and prosecutor's exceeding of authority, violations of citizens' rights, corruption, and embezzlement of state property during the war.
In 2022, the pre-trial investigation agency, police investigator Vladyslav Melnyk, and prosecutor Irina Bondaruk initiated three attempts in court to impose a pretrial detention measure on journalist Serhii Medianyk, but each time the court denied them.
But the police and prosecutor's office of Vinnytsia Oblast have no more important matters during the war with Russia than persecuting and pressuring journalist Serhii Medianyk with criminal cases.
Therefore, on January 23, 2023, judge Yevhen Selin of Kalynivskyi district court of Vinnytsia Oblast began hearing the application for a pretrial detention measure for journalist Serhii Medianyk under the legal qualification of Part 2 of Article 383, Part 1 of Article 296, and Part 1 of Article 343 of the Criminal Code of Ukraine.
On February 27, 2023, a court hearing took place that began with a violation of procedural rules for considering the application, the judge violated guarantees of the hearing process, procedures for conducting a court session, and numerous violations of the requirements of the Criminal Procedure Code, the Convention, and the Constitution of Ukraine.
Is it legal to prosecute a journalist for their professional activities?
The defense side, Lawyer Larysa Kryvoruchko, is confident that such actions are illegal and will prove the journalist's innocence in court, and if the person's rights are violated, complaints will be filed with the Higher Council of Justice.
Lawyer Larysa Kryvoruchko is defending the rights and lawful interests of journalist Serhii Viktorovych Medianyk in a criminal case based on a legal assistance agreement and is confident in the victory of the law!
Contacts of Lawyer Larysa Kryvoruchko: +38 050 724 67 56, 04111, Kyiv-111, PO box 21, firstname.lastname@example.org, page on Facebook: www.facebook.com/lara.sergeevna